MBE Rules · Real Property
Implied warranty of habitability
The rule
In residential leases (most jurisdictions), the landlord impliedly warrants the premises are fit for human habitation. Non-waivable. Tenant remedies: withhold rent (in some), repair and deduct, sue for damages, terminate the lease. Distinct from constructive eviction.
In plain English
Landlords must ensure rental homes are livable and safe. If not, tenants can take actions like fixing issues themselves or ending the lease.
Worked example
The tenant discovers no heat in winter. The landlord fails to fix it after notice. The tenant pays for repairs and deducts the cost from rent.
Memory hook
Habitable Home, No Waive Way. Landlords must ensure livable conditions; can't opt out.
The trap
Students think: It's waivable. Wrong, because it's a non-waivable right ensuring tenant safety. The actual test is whether the premises are fit for human habitation.
How examiners test it
MBE setup: tenant discovers severe issues like no heat or water. Trap: assuming constructive eviction is needed. Focus on tenant remedies like repair and deduct, not just leaving.
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